Opinion
Case No. 3:20-cv-14747 (BRM)
01-25-2021
HAROLD E. DUFFUS, Petitioner, v. ATTORNEY GENERAL OF STATE OF NEW JERSEY, Respondent.
MEMORANDUM ORDER
Pro se Petitioner, Harold E. Duffus, is a state prisoner confined at the South Woods State Prison in Bridgeton, New Jersey. Petitioner filed a habeas petition pursuant to 28 U.S.C. § 2254. (See ECF 1.) On October 26, 2020, this Court administratively terminated this action as Petitioner failed to include the $5.00 filing fee, or, alternatively, Petitioner did not include a complete application to proceed in forma pauperis as his application failed to include the required affidavit of indigency. Furthermore, Local Civil Rule 81.2 provides:
Unless prepared by counsel, petitions to this Court for a writ of habeas corpus . . . shall be in writing (legibly handwritten in ink or typewritten), signed by the petitioner or movant, on forms supplied by the Clerk.L.Civ.R. 81.2(a). Petitioner also did not file his initial § 2254 habeas petition on the proper form.
On November 23, 2020, Petitioner filed another in forma pauperis application as well as another habeas petition. (See ECF 3 & 4.) On December 3, 2020, this Court denied Petitioner's application to proceed in forma pauperis as Petitioner's prison account exceeded $200.00 and Petitioner's habeas petition was still on the incorrect form. (See ECF 5.) This Court administratively terminated the action. (See id.)
On or about January 15, 2021, Petitioner submitted the required $5.00 filing fee and request for additional time to file his §2254 habeas petition on the proper form. (See ECF 7.) Petitioner shall have thirty (30) days in which to submit a new § 2254 habeas petition on the proper form supplied by the Clerk.
IT IS on this 25th day of January 2021,
ORDERED the Clerk of the Court shall RE-OPEN the file in this matter, and it is further
ORDERED Petitioner has thirty (30) days from the date of this order to file a signed copy of his § 2254 habeas petition on the proper form; it is further
ORDERED the Clerk shall serve upon Petitioner by regular U.S. mail: (1) a copy of this memorandum and order; (2) a blank § 2254 habeas petition form—AO 241(modified): DNJ-Habeas-008 (Rev.01-2014).
/s/Brian R . Martinotti
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE